Kenya: LSK Challenges Legality of Nairobi Assembly Clerk Gichana's Appointment, Calls for Fresh Recruitment

7 November 2022

Nairobi — The Law Society of Kenya (LSK) has challenged the legality of the appointment of Nairobi County Assembly Clerk Edward Gichana, terming his appointment null and void.

The Society through Chief Executive Officer (CEO) Florence Muturi argues that the appointment and approval of Gichana was in blatant disregard of multiple orders issued by the Labor and Employment court.

She cited the order issued in October 2019 directing Ex-Clerk Jacob Ngwele to resume work unconditionally, pending the determination of a petition.

She indicated another one issued on 5th of August 2022, where the Nairobi Employment and Labor relations court affirmed that former Clerk Ngwele was the substantive Nairobi County Assembly Clerk and that there was no vacancy in the office at the time of Gichana's appointment.

Another order cited was issued on 1st April 2021 by Court of Appeal which injuncted both Ngwele and Gichana against performing the powers and functions of the office of the Clerk.

Following the above submissions, LSK through a letter asked the Nairobi County Assembly Service Board to advertise for the position so that any interested and qualified Kenyan can apply, saying the position is vacant as per rulings made regarding the matter.

"It is our considered view that the most prudent course of action for the Assembly is to advertise the vacant position of the Clerk. Any person including Ngwele and Gichana can apply for the position," stated CEO Muturi.

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